Professional Practice

Tried over 70 major cases. Named one of America's "Lions of the Trial Bar,"American Bar Association. Trial techniques described in recent books on the leading trial lawyers in the United States. ("The Trial Lawyers," St. Martin’s Press, NY; "America’s Top Trial Lawyers -- Who They Are & Why They Win," Prentice Hall, NJ). Described by The National Law Journal as "... personally one of the most successful corporate defense litigators ever, with a long history of big wins." "The 100 Most Influential Lawyers," The National Law Journal.

Cases tried or otherwise taken to judgment

Applied Medical Resources Corp. v. United States Surgical Corp. (2008) Represented defendant United States Surgical Corporation, a subsidiary of Covidien, in patent infringement suit. Applied Medical alleged that U.S. Surgical infringed a medical device patent and sought up to $300 million in damages and an injunction. Won non-infringement jury verdict after five-week trial. Prior to Bartlit Beck’s representation, U.S. Surgical had twice previously been found to willfully infringe the same patent.

In Re Ciprofloxacin Hydrochloride Antitrust Litigation (1997-2011) Represented Bayer AG and Bayer Corporation in nationwide class action antitrust litigation related to Bayer’s settlement of patent litigation against Barr Laboratories. Bayer owns the patent on Cipro, one of the world’s leading antibiotics. Barr brought a generic challenge to the Cipro patent and Bayer initiated "Hatch-Waxman" litigation in the Southern District of New York. On the eve of trial, Bayer paid Barr $400 million to settle and thereafter submitted the Cipro patent to the U.S. Patent Office for re-examination. The patent reissued and Bayer defeated three later generic challenges. Fred represented Bayer in each of the three generic challenges, winning two Federal Circuit appeals along the way. The antitrust plaintiffs consist of a class of direct purchasers of Cipro (like drug store chains) and a class of indirect purchasers (consumers). They alleged that it is an antitrust violation for a brand to pay a generic challenger to settle Hatch-Waxman litigation. The MDL proceeding was before Judge David G. Trager in the Eastern District of New York. Plaintiffs moved for summary judgment on the ground that Bayer’s settlement payment to Barr was a per se antitrust violation. Judge Trager ruled in Bayer’s favor and adopted Bayer’s analytical framework for analyzing Hatch-Waxman settlements. Thereafter, the Eleventh and Second Circuits adopted Judge Trager’s reasoning. Following his per se ruling, Judge Trager invited Bayer to file a motion for summary judgment, which Judge Trager granted. Plaintiffs appealed to the Second Circuit, which transferred the Indirect Plaintiffs’ appeal to the Federal Circuit. Fred argued and won both the Second Circuit and Federal Circuit patent/antitrust appeals.

United States v. United Technologies Corp. (2005) Represented United Technologies in 10-week bench trial of False Claims Act case brought by the Department of Justice. Government sought $624 million, alleging price inflation on jet engine sales by UTC division Pratt & Whitney to the Air Force from 1985-1991. Trial court’s judgment rejected the government’s $624 million damages claim, held that the government suffered no actual damages, and imposed statutory penalties of $7 million.

Treasurer of the State of Conn. v. Forstmann Little, et al. (2004) Represented Forstmann Little in litigation brought by the State of Connecticut, a limited partner in Forstmann Little investment funds, alleging breach of fiduciary duty and breach of contract. Plaintiff sought nearly $1 billion in damages. Jury trial in Connecticut State Court. Complete victory at trial.

Bayer Corp. v. Carlsbad Technology (2001) Represented Bayer in its suit for patent infringement to enjoin other generic drug manufacturers from obtaining FDA approval to market and sell a generic version of Bayer’s antibiotic Cipro®. Four-week trial on issue of obviousness. Won at trial.

Gore v. Bush, et al. (2000) Represented President George W. Bush in election contest filed by former Vice President Al Gore in Leon County, Florida, contesting the results of the 2000 Presidential election in Florida.

Koch v. Koch (1998) Represented selling shareholders in largest private company in US in litigation over fairness of price received for shares. 3-month jury trial (Topeka, Kansas). Jury found misrepresentations, but not material.

Sierra Club v. Arizona Public Service, New Mexico Public Service, and Southern California Public Service (Environmental) (1981) Represented environmentalists in litigation relating to SO2 discharges from Four Corners, New Mexico, coal-fired power plant. Trial in New Mexico state court (Albuquerque). Defendants represented by Guy Gelbron of Snell and Wilmer (Phoenix). Case won. (Judgment required installation of over $300 million in pollution control equipment).

Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc., et al. (1999) Represented Canadian government in prosecution of civil RICO claim against R.J. Reynolds seeking more than $1 billion in damages caused by tobacco companies’ scheme to smuggle tobacco into Canada and avoid Canadian taxes.

First National Bank v. Shearson American Express$10 million fraud claim by First National Bank against Shearson based on involvement of Shearson in securing fraudulent loan for a third party (Chicago).

Amoco v. Peoples Gas$100 million contract action between Amoco and Peoples involving Peoples’ effort to extricate itself from long term supply contract for purchase of naphtha for use as natural gas feedstock (Chicago).